VIJAYAWADA SKIN MERCHANTS ASSOCIATION Vs. STATE OF ANDHRA PRADESH AGRICULTURE AND CO OPERATION MAKTG I DEPARTMENT HYD

JUDGEMENT

(1.) In this batch of writ petitions the validity of the notification issued by the Government of Andhra Pradesh in G.O.Ms. No.286, Agriculture and Co-operation (Mktg.I) Department, dated 5-7-1994 (hereinafter referred to as the 'impugned notification') is questioned as being illegal and arbitrary. Various contentions arc raised by the learned Counsel appearing for the petitioners. For purposes of disposal of these cases we would classify the cases in three groups having regard to the contentions urged before us. The impugned notification insofar as it includes 'raw hides' and 'raw skins' is questioned in Writ Petition Nos. 16947, 20791, 21647 and 21648 of 1994; insofar as it includes 'bones', 'horns and hoofs' is assailed in Writ Petition Nos.5060 and 26077 of 1995 and insofar as it includes 'dry fish' is challenged in W.P. Nos.7119 and 4982 of 1996.

(2.) The facts giving rise to these cases are a few and are not in dispute. The members of the petitioner-Association and other persons are carrying on trade of sale and purchase of various articles like 'dry fish', 'raw hides', 'raw skin', 'bones' and 'horns and hoofs' in the notified market area of the respondents-Market Committees. After the issuance of the impugned notification they were asked by the respondents-Market Committees to obtain licence under Section 7 of the A.P.Agricultural (Produce and Livestock) Markets Act, 1966 (for short the "Act") and to pay market fee. This has led to the filing of the present writ petitions.

(3.) The Additional Director of Marketing filed counter-affidavit for the respondents. It is stated, inter alia, that though earlier notifications were issued specifying commodities with reference to each Market Committee, it was noticed that there was evasion of market fee, so to plug such evasion of market fee a common notification notifying all the notified agricultural produce, livestock and products of livestock, flowers, fruits and vegetables making applicable to all notified market areas, was issued in this impugned G.O. in exercise of the power conferred under Section 4 of the Act. It is stated that the notification does not suffer from any illegality as contended by the petitioners.